Last updated: January 22, 2025
The Platform www.cashabroad.one (the “Site”) is a platform that offers technological solutions to facilitate financial processes such as international payments, wallets, digital currency exchange (stablecoins), financing for import and export of goods, among others.
This document contains the General Terms and Conditions of the Platform applicable to the use of the services offered. They must be read, understood and accepted by users prior to their registration. In addition, users of the Platform must read, understand and accept the particular terms and conditions, which, if appropriate, are published for each service and/or product published on the Platform.
IN THE EVENT THAT USERS DO NOT AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS, THEIR UPDATES, CHANGES OR MODIFICATIONS, THEY MUST REFRAIN FROM USING THE SERVICES OF THE PLATFORM AND/OR CARRYING OUT OPERATIONS THROUGH IT, OR THEY WILL OTHERWISE BE BOUND BY THESE TERMS AND CONDITIONS.
FIRST CHAPTER. DEFINITIONS
Users accept the following words and expressions shall have the following meanings, unless the context indicates otherwise, or they are specifically defined differently in the Particular Terms and Conditions:
Privacy Notice
means the agreement that regulates the use and protection of personal data provided by Users through registration on the Platform
PLD provisions
means the legal provisions applicable to the prevention of money laundering and counter-terrorist financing, including, but not limited to, all laws applicable to parties that prohibit money laundering or any act or attempt to conceal or disguise the identity or origin of; change the form of; or move, transfer or transport, illicit income, property, funds, legal tender or digital assets, including, but not limited to, the promotion of any illegal activity such as fraud, tax evasion, embezzlement, abuse of privileged information, financial crimes, bribery, theft or cyberpiracy, drug trafficking, arms proliferation, terrorism, or violations of economic sanctions, which may also require internal controls to detect, prevent, report and keep records of suspected money laundering or terrorist financing.
Cryptoassets
means a type of digital asset, susceptible to digital commerce, in which encryption techniques are used to regulate the creation of new units, verify transactions and secure transactions without the intervention of any intermediary, through a “person-to-person” network (Peer to Peer) and that they are not legal tender, issued or guaranteed by any country or jurisdiction.
Commissioner
means any third party, including Cashabroad México, S.A. de C.V., that performs operations on behalf of and on behalf of Users through the Platform.
Data or Personal Data
means any information related to the Privacy Notice available on the Platform.
Capacity
means the legal capacity that Users have to acquire rights and enter into obligations. Users who do not comply with the conditions of the sections will not be able to access and/or carry out transactions in Cryptoassets
Force Majeure Event
means events such as the outbreak of illness, death or serious injury to any key member of the Parties, acts of God, riots and insurrections, wars, acts of terrorism and fire, judicial or governmental actions, civil acts, or military authority; each of which are beyond the reasonable control of the Party whose performance of its obligations hereunder is prevented or delayed by such event.
Intellectual Property
means any copyright, patent, utility model, trademark, design, database right, trade or company names, trade secrets or other proprietary rights or any other right, including the registration of such rights and, including confidential rights or information, trade secrets, know-how, innovation or data, among others.
Services
means all services offered to Users directly or indirectly through the Platform in accordance with the Terms and Conditions.
Sitio
It means the Web Platform www.cashabroad.one
User or Users
means any person who has completed registration on the Platform; has sufficient Capacity to accept and be bound in accordance with the Terms and Commissions and is authorized to use Services.
Parts
It means the Parties hereby and the term “Party” shall be interpreted as any of them as the case may be;
Stablecoins
Reference is made to the tokens offered on the Platform that replicate the price of the currency that the User selects when generating them and that Users purchase to carry out operations on products and services on the Platform.
SECOND CHAPTER. ACCEPTANCE AND PROHIBITION OF SERVICES
Any person who accesses the Platform and/or uses its services must register as a User, giving their express consent and agreeing to use the Services according to the conditions described in these General Terms and Conditions. These General Terms and Conditions constitute a binding contract between Users and the Platform, so it is important that you read them carefully before accepting them.
The Services offered through the Platform and/or, where appropriate, through the instant messaging service called WhatsApp® are available to those Users who have sufficient Capacity to be bound by these Terms and Conditions or any other document issued on the Platform that must be mandatory for Users, who from this precise moment recognize that the Platform has no obligation to verify that Users have the declared capacity to use the Services.
The user may carry out operations related to their account through the Site as well as through WhatsApp®, so the user recognizes that the instructions transmitted through such means will be considered valid and binding.
The Platform reserves the right to implement verification procedures and user authentication mechanisms to execute payment order authorizations through WhatsApp.
The Platform may only receive, execute and authorize payment orders through WhatsApp® when such operations are requested using the cell phone that the user registers on the Platform.
The User may make inquiries about the use of the Platform, receive information regarding their account and the user's own information through WhatsApp®; any type of query will be considered made by the user under their full responsibility.
The user acknowledges that the instant messaging service offered by WhatsApp® may be interrupted for reasons beyond the Platform; as a result of the temporary suspension or any type of delay in the WhatsApp® service, the Platform will not be responsible for not receiving instructions from the user until the service is normalized.
Users who are in any of the cases referred to in this section must refrain from using or carrying out transactions for the purchase, sale and transfer of various cryptoassets on the Platform:
For the purposes of these Terms and Conditions, the following will be considered prohibited jurisdictions: Afghanistan, Bahamas, Bermuda, Bolivia, Botswana, Cambodia, Ivory Coast, China, Crimea, North Korea, Cuba, Ethiopia, Ghana, Hong Kong, Iceland, India, Iran, Iraq, Kazakhstan, Pakistan, Serbia, Sri Lanka, Syria, Trinidad and Tobago, Tunisia, Uganda, Vanuatu, Venezuela, Yemen and Zimbabwe. In addition, if currently or in the future, transactions with Cryptoassets are considered prohibited, restricted or subject to any authorization, in any other country not mentioned above, of origin or residence of the Users, it must be considered as a prohibited jurisdiction.
Users who wish to carry out transactions for the purchase, sale and/or transfer of various Cryptoassets on the Platform with Mexican pesos must request the services of the Commissioners authorized by Cashabroad. The foregoing, with the purpose that these operations are carried out automatically. If Users do not have such a service, they must wait for confirmation of the receipt of resources through international transfers.
The Platform reserves the right to include countries or jurisdictions to the list mentioned above at any time, so if a User after registration is in any of the prohibited jurisdictions, they must stop using the Platform.
At the time of registration, it will be the User's sole and exclusive obligation to declare if they are, for reasons of nationality or residence, in any prohibited jurisdiction or have been included in any list of sanctions related to operations to prevent money laundering or terrorist financing, in which case they must refrain from using the Platform. Otherwise, you accept and undertake from this precise moment to release and release it from any liability that may arise from the improper or illegal use of the Platform, its subsidiaries, shareholders, directors and licensors, as well as to compensate them for any damage or harm caused.
The Platform reserves the right at all times to completely or partially suspend, as well as to cancel and cancel any User who is presumed to have committed any violation of this section.
THIRD CHAPTER. REGISTRATION
In order to use the Platform's services, it is necessary to register as a User and accept the General Terms and Conditions.
The registration process and requirements are as follows:
The Personal Data required by the Platform must be accurate, precise and true. To the extent necessary, the User undertakes to update their Personal Data, the updating of which may even be required by the Platform for the User to operate between the different Services offered. Users guarantee the veracity, accuracy and validity of their Personal Data and declare under the pretext of telling the truth that the information provided prior to using the Services is true, so the Platform is not responsible for the certainty of the Personal Data provided by Users.
The Platform, when it deems it necessary, or at the request of any authority, reserves the right to request additional receipts, documents, information and/or data in order to confirm that the Personal Data provided by the User is true. In addition, the Platform may temporarily or permanently suspend and/or disable those Users whose data could not be confirmed, randomly or when the Platform has reason to believe that the data reported by the User is not accurate, accurate and/or true.
To use the Platform Services, it is necessary to accept these General Terms and Conditions. In addition, to start using the Services, the User must first accept the Specific Terms and Conditions specific to each of the Services to be used.
Once the User accepts these General Terms and Conditions, as well as the Particular Terms and Conditions, as appropriate, they constitute a binding contract between the User and the Platform, as well as, where appropriate, the Licensing Company,
The User must carefully read and accept, if they want to operate on the Platform, any modification to these General Terms and Conditions and/or the Particular Terms and Conditions, which should be duly informed that they were published for acceptance.
The User states that prior to accepting these General Terms and Conditions, they have carefully read and understood their scope, so they declare from this precise moment that by marking the box with the text “I have read, understand and accept the General Terms and Conditions”, they agree to be fully governed by them.
The User will access their Account by entering their username and chosen personal Security Key, so the User undertakes at all times to maintain the confidentiality of their Security Key.
The Account is unique and non-transferable, and it is forbidden for the same User to register or hold more than one Account. If the Platform detects different Accounts that contain matching or related data, you may cancel, suspend or disable them.
Each User will be responsible for all transactions carried out on their Account, so the User undertakes to immediately notify the Platform of any unauthorized use of their Account, as well as access by unauthorized third parties to it.
The Platform reserves the right to reject any request for registration or to cancel a previously accepted registration, without expression of cause and without giving rise to any right to compensation.
In particular, it should be noted that Users may be temporarily or permanently suspended (i.e. restrict access to certain Services), and at the sole discretion of the Platform, among other reasons, for misusing the Platform, breaching these General Terms and Conditions and any other policy established in the future by the Platform, which will be informed and published in a timely manner.
In case of disqualification or cancellation of registration, the User may only carry out operations aimed at liquidating their Wallet on the Platform.
All Users at the time of their registration on the Platform and at all times while they are linked to the Platform and carrying out transactions on it, must provide the Platform and/or whoever is appropriate, with all the information they request so that the Platform and/or whoever is appropriate can comply with regulations relating to the prevention of money laundering and terrorist financing, and with tax and fund origin regulations, the “know your customer” (KYC) policy and all other applicable regulations. In addition, the Platform reserves the right to request information and/or documentation that it deems appropriate and even the Platform and/or whoever corresponds may not proceed with the execution of the transaction requested by the User if the User fails to provide the information and/or documentation that was requested. If, at the time of requesting registration and/or updating on the Platform, the information provided by the User is insufficient or inconsistent in the sole judgment of the Platform and/or the corresponding person, the User may freely reject it. If you are a registered User and the information is insufficient or inconsistent, the Account may be suspended or disabled. None of these cases will grant any rights to the applicant or the User.
FOURTH CHAPTER. THE SERVICES
The Platform is a platform that allows Users to make international payments through the use of cryptoassets and Blockchain technology. Cashabroad is not a financial institution, nor is it subject to regulation, registration or licensing by financial authorities in Mexico.
Cashabroad, through the platform license, only offers software services, so Users expressly recognize that transactions with cryptoassets are not regulated in Mexico in any way, except by regulations on PLD.
The acquisition of Stablecoins or any other type of cryptoassets must be formalized through the various payment methods offered on the Platform, however, Cashabroad will under no circumstances sell or buy cryptoassets directly from Users. The Platform will not be responsible for damages and/or inconveniences caused to the User as a result of the misuse or conflict between the User and the payment method used; including authorized Commissioners.
The purchased Stablecoins will be credited to the User's wallet that appears on the Platform, and which the User can access with their username and Security Key.
These Stablecoins will allow the User to make payments to their suppliers or third parties, through the instruction given to Cashabroad for this purpose.
In addition, Cashabroad will offer custody services (Wallet) for stablecoins or cryptoassets listed on the Platform and purchased by Users. These services consist of providing a secure platform for storing and managing cryptoassets, including but not limited to stablecoins and cryptocurrencies. The custody of cryptoassets involves the protection of the private keys associated with your digital assets.
Through the Platform, Users will be able to guard, send and receive cryptoassets to. Transactions are subject to fees and processing times, in each transaction the Platform will report the cost of commissions and expenses.
The User acknowledges that we reserve the right to impose limits on the amount of cryptoassets you can store or transact, as well as additional restrictions as we deem necessary.
You also acknowledge that Cashabroad will not be responsible for losses resulting from fraudulent acts, transaction errors, failures in the blockchain network, or any other event beyond our control.
FIFTH CHAPTER. INDEPENDENT RELATIONSHIP.
The relationship between the Parties is independent, so companies will never act as an intermediary, commission agent, advisor or agent for the Users. In addition, Users expressly acknowledge that the General Terms and Conditions and the Particular Terms and Conditions are the documents that regulate the relationship between the Platform and the Users.
SIXTH CHAPTER. USER COMMITMENT.
The User undertakes not to carry out operations or provide uncertain or erroneous information that directly or indirectly pose risks to the Platform, to the Licensing Companies.
The Platform may, where appropriate, provide for the temporary or definitive suspension of your access to the Platform and/or the cancellation of your registration as a User.
SEVENTH CHAPTER. RESPONSIBILITIES OF THE PARTIES.
The Platform will not have or assume any responsibility to the User or to Users' providers or Users' payment recipients, other than those specified in these Terms and Conditions, so the Platform does not guarantee uninterrupted access and use of the Services, which may eventually be unavailable due to technical problems or Internet failures. Nor is the veracity of any User content guaranteed.
The User knows and accepts that when carrying out operations with other Users and/or third parties, they do so at their own risk and responsibility, so the Platform will not be responsible for any damage or harm that they may suffer as a result of the operations carried out.
Since accepting these Terms and Conditions, Users release the Platform, its shareholders, directors, managers, employees, agents, operators, representatives and proxies from any liability for any claim or legal action that may be carried out between Users and/or against Users and/or third parties (including, without limitation, the companies that license the use of the Platform).
The Platform will not be responsible for the effective fulfillment of the obligations assumed by Users and/or third parties (including the licensing entities using the Platform) in the provision of the service, project or product. Each User acknowledges that by acquiring or participating in the project, product or service, they do so at their own and exclusive risk.
EIGHTH CHAPTER. TRANSACTIONS WITH CRYPTOASSETS.
The Platform offers the services described in these Terms and Conditions through which Users can carry out payment transactions through the use of cryptoassets, custody of cryptoassets and purchase transactions through third party commission agents. When carrying out the desired operation, you should consider the information on the screen and carefully review the original value of the Stablecoins or any other type of cryptoasset that you want to sell and those that you intend to acquire and any other information necessary to complete your transaction. For all intents and purposes, the decision to carry out the transaction, its value and the results will be the sole responsibility of the User, including without limitation, the time elapsed between the start of the operation through the Platform and the completion of the operation, based on the time taken to execute such operations, without the User having the right to make any claim against the Platform.
It is expressly stated that Stablecoins or any other type of cryptoassets purchased are not comparable to having the quality of negotiable securities or securities, nor that a public offering is made, all under the terms of applicable regulations, and that they cannot be a reason for generalized and impersonal traffic in financial markets. Therefore, transactions carried out through the Platform are not within the competence of government authorities that control financial markets or the public offering of negotiable securities. In addition, Stablecoins or any other type of cryptoassets do not in any way represent an exchange transaction regulated and/or covered by any exchange regulations. It is however clarified that the Platform in no way and under no circumstances carries out exchange transactions that are regulated and/or covered by current exchange regulations.
NINTH CHAPTER. COMMISSIONS OR CONSIDERATION.
For the Services offered on the Platform, Cashabroad will be entitled to receive as compensation:
By accepting these Terms and Conditions, and any other published document, if applicable, Users undertake to comply with everything specified therein, particularly accepting commissions, fees and other remuneration in favor of the vehicle in question.
TENTH CHAPTER. TAX OBLIGATIONS
Any Transaction carried out on the Platform that generates the payment of any tax in terms of applicable legislation must be covered directly by the User or the Licensor Company, as appropriate to the corresponding authority, so from this moment on the Parties release the Platform from any tax contingency that may result from the conclusion of operations on the Platform.
ELEVENTH CHAPTER. PRIVACY AND INFORMATION PROTECTION
The Platform may make queries to public and/or private databases in order to verify the veracity of the data and information provided by users.
The use of the information will be subject to the Privacy Notice published on the Platform, which complies with the security standards for personal data stipulated by the applicable regulations for the protection of personal data.
The Platform has an information protection system such as”Firewall“which prevents direct Internet connection to its servers, filtering requests for information to operate only under appropriate authentication conditions.
Information is protected using the “https” or “http Secure” protocol, intended for secure data transfer. It uses SSL credentials (Secure Socket Layer) to create an encrypted channel between the User's browser and the remote server.
Within the framework of the privacy policy, the Platform will keep all Personal Data provided by Users of the Platform in absolute confidentiality, except in cases where the regulations applicable to data protection allow their disclosure.
The Personal Data provided by Users will be processed by the Platform and incorporated into the corresponding automated database for which the Platform will own and be responsible (the “Database”). By accepting the General Terms and Conditions and creating your Account, you consent to such processing, which will be used to provide you with a better service and to carry out direct marketing actions, unless you request otherwise, always in compliance with applicable data protection regulations.
Users may exercise their rights of access, rectification or deletion, and request their exclusion in accordance with the provisions of the Privacy Notice.
The Platform has adopted the legally required levels of security for the protection of Personal Data, and has installed all the technical means and measures at its disposal to prevent the loss, misuse, alteration, unauthorized access and theft of Personal Data.
The owner of Personal Data with a legitimate interest has the right to exercise the right of access to them free of charge with the frequency established by the applicable regulations in the matter.
Users authorize the Platform to disseminate and transfer the data provided for commercial and advertising purposes in compliance with applicable regulations, without the right to any compensation.
TWELFTH CHAPTER. COMMUNICATIONS AND NOTIFICATIONS.
Notifications or communications to the User will be sent to the email address reported by the User during the registration process on the Platform and the User accepts the full validity of the notifications received there. Any change of email will be notified in advance to the Platform, so Users will be the only ones required to keep their email address updated.
THIRTEENTH CHAPTER. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS.
The Platform reserves the right to modify, alter or update these General Terms and Conditions at any time. The modifications must be published on the Platform and will take effect the day immediately following their publication, so if Users continue to use the Services offered by the Platform, they are considered to accept the change of the published content. Any User who does not agree with the changes made may request the deletion of the Account and must refrain from using the Platform.
Such modifications may also be communicated by the Platform to Users in their email box.
Use of the Platform implies acceptance of these Terms and Conditions. Those Users who wish to have the printed text of these General Terms and Conditions may send a contact to the Platform's Help Center so that a copy of them can be sent to them.
FOURTEENTH CHAPTER. COMPENSATION.
The User expressly and irrevocably undertakes to keep the Platform and/or its related and affiliated companies, and their respective shareholders, officers, directors, administrators, representatives and employees, absolutely harmless from any claim and/or demand and/or extrajudicial, administrative or judicial sanction initiated by other Users, third parties or any body, related to their activities on the Platform, compliance with and/or breach of these General Terms and Conditions, or if the existence of fines and/or debts of any kind generated by the User or the User's activity carried out on or through the Platform.
The User accepts that the use of the Platform is carried out under their own, exclusive and sole responsibility. The Platform is not responsible for any damage or harm, direct or indirect, including without limitation damages caused by loss of chance, loss or deterioration of information, marketing actions, or for delays, interruptions and defects that may exist in transmissions, through the use of the Platform, as well as viruses or system failures, provided that this is not attributable to serious negligence or fraud to the Platform so qualified by a court ruling or a final and final arbitral award of competent court.
FIFTEENTH CHAPTER. LEGAL ORIGIN OF RESOURCES
Any transaction related to the Platform by Users must be carried out directly, and not in the name of third parties, unless they are carried out by the commission agents previously authorized by the Platform. Receiving, making, providing or attempting to receive, make or provide payments to, or to third parties other than companies previously authorized by the Platform is considered prohibited, and constitutes a violation of these General Terms and Conditions and will empower the Platform to prohibit users from using the Platform.
By making use of the Services offered on the Platform, the User declares and guarantees that he is using the Platform in his own right and, therefore, declares to be the last beneficiary of the benefits, investments or resources acquired.
It also guarantees that the funds, or any property used to carry out operations, are of legal origin. It also declares and guarantees that the funds, or ownership of assets that you acquire when using the Platform Services will not be used for any activity that is considered illegal, such as money laundering, drug trafficking, organized crime, tax evasion, terrorist financing, among others.
SIXTEENTH CHAPTER. RATES.
Users can register for free on the Platform.
The Platform may unilaterally modify, add or eliminate the current rates, and must notify the Users of such change in the manner established in the “Remunerations” clause. The rates are published on the Platform and will be invoiced and charged by the company so indicated in the General Terms and Conditions and the corresponding vehicle documents in accordance with the provisions of applicable law. Invoices are available to the User on the Platform.
SEVENTEENTH CHAPTER. PLATFORM CONTACT.
All requests, inquiries, complaints and, in general, any communication to the Platform must be sent to the Help Center indicated on the Platform.
EIGHTEENTH CHAPTER. EXTRAORDINARY EVENTS.
18.1 Fortuitous event or force majeure.
When, due to fortuitous circumstances or force majeure, it is impossible to continue operations, the Platform may cancel all or part of the Services offered, as well as cancel and terminate the unfinished operations that are being carried out on the Platform, seeking in any case to safeguard the rights and interests of Users.
18.2 Contingency situations.
In the event that the Platform declares a contingency situation, the operating mechanisms and, consequently, the Terms and Conditions may be modified.
18.3 Divisibility. If any part, term or provision of these General Terms and Conditions is held to be void, illegal, unenforceable or in conflict with any applicable law or jurisdiction, the validity of this agreement will not be affected by it, except to the extent that such provision remains void, illegal or otherwise unenforceable.
18.4 Force majeure. The Platform will have no responsibility or liability for any failure or delay in the performance of any of the Services, or any loss or damage that it may incur, due to any circumstance or event beyond the control of the Platform or any of its Affiliates, including, but not limited to, extraordinary weather conditions, earthquakes, acts of God, war, fire, insurrection, labor disputes, riots, accidents, government actions, power failures, hacking, equipment failures, or software malfunctions .
18.5 Headers. The titles and captions contained in these General Terms and Conditions are for convenience only and shall not be considered to control or affect the meaning or construction of any provision of these Terms and Conditions.
18.6 Assignment. The User may not assign or transfer any right to use the Services, or any of their rights or obligations without the prior consent of the Platform. The Platform may assign or transfer any or all of your rights or obligations, in whole or in part, without prior notice or obtaining your consent or approval.
18.7 Waiver. The fact that the Platform at any time does not require Users to comply with any provision of these General and/or Particular Terms and Conditions will not affect their right to request compliance at any subsequent time, nor will the waiver of a breach of any provision of this provision be considered a waiver of a provision in itself.
18.8 Previous Terms and Conditions. These General Terms and Conditions contain the full understanding between the Parties. The Parties agree to comply with the terms and conditions set forth in this document, superseding and rescinding any oral or written agreement or negotiation that may have been entered into previously.
18.9. Jurisdiction.
The General Terms and Conditions, as well as the relationship between the User and the Platform, will be interpreted and will be governed by the laws of the United Mexican States. For any claim or controversy that may arise as a result of this agreement, the Courts of Mexico City will be competent.